‘The NHS sold out its staff’: Doctors whose lives were devastated by long COVID to sue health service
Hundreds of doctors are planning to sue the NHS over claims inadequate PPE on the frontline has left them with long COVID, disabled, and in financial ruin.
Dr Kelly Fearnley, 37, was working on a COVID ward at Bradford Royal Infirmary in November 2020 when she caught coronavirus.
More than three years later, the effects of long COVID mean she is still unable to work. After episodes of violent shakes, hallucinations, and a resting heart rate more than double the average, she was diagnosed with limbic encephalitis – inflammation of parts of the brain.
Swelling on Dr Fearnley’s eyelid after contracting COVID. Pic: Kelly Fearnley
Meanwhile, Dr Nathalie MacDermott – an infectious diseases registrar who treated people with the Ebola virus – says COVID has left her with spinal damage after her concerns about a lack of PPE during the pandemic were ignored.
A British Medical Association study of 600 doctors with long COVID last year revealed that 60% had suffered persistent ill health since contracting COVID, and around half (48%) had lost earnings.
Dr Fearnley co-founded Long COVID Doctors for Action (LCD4A), which is today pledging legal action against the NHS for negligent workplace exposure to coronavirus, resulting in injury and financial loss.
The group, which is being represented by the legal firm Bond Turner, claims the NHS decided to downgrade guidance as the virus took hold in March 2020, only requiring staff to wear blue surgical face masks, plastic aprons, and gloves when dealing with suspected or confirmed COVID cases.
This is in line with World Health Organisation (WHO) guidance, which says there is only strong evidence for more restrictive masks such as FFP3s, FFP2s, and N95s, being worn for “aerosol-generating procedures” – not general care of COVID patients.
But both the US and European public health authorities advise at least FFP3 or N95 masks for any healthcare worker in a COVID environment, with scientists leaning on both sides.
Dr Simon Clarke, associate professor in cellular microbiology at Reading University, told Sky News there is a “greater than 50% chance” healthcare workers who were infected in early 2020 contracted the virus at work, as lockdown meant other contact was significantly reduced – but there are no guarantees.
He added: “Some masks seem to be more effective than others and can vary quite a lot.
“We have to remember that there was a shortage nationally of PPE. So the supplies of better, more effective masks might have been somewhat restricted.”
The public inquiry into the UK’s handling of the pandemic has heard PPE provision for healthcare workers was “hopelessly inadequate”. Government and public health officials have admitted “mistakes were made”.
Dr Fearnley’s painful skin rashes after contracting COVID. Pic: Kelly Fearnley
Read more:
One in five doctors with long COVID forced to reduce hours
NHS face legal action over schoolgirl’s long COVID treatment
How long COVID ruined my life
Dr Fearnley, who is currently on 12 months’ unpaid leave, having not worked since the end of 2020, says she used higher-grade masks from when she started work as a junior doctor in the spring until she was deployed to a COVID ward in November.
She said: “I walked onto the COVID ward and there was just a small box with blue masks.
“I asked where the other masks were and was told ‘we’re using these now, don’t worry they’ll protect you’.
“The sudden downgrading of PPE was not based on the known science.
“I didn’t have time to think about it. But I spent 12 hours a day, for five consecutive days, surrounded by COVID-positive patients in the absence of adequate respiratory protection.”
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Dr Fearnley films her breathing and heart rate difficulties
‘My brain is still infected’
Dr Fearnley says she tested positive for COVID after one week on the ward. For four weeks she had flu-like symptoms and suffered breathlessness, as well as a swelling around her eye and a red rash across her body.
She tried to return to work after three weeks but only lasted two hours before dizziness and breathlessness forced her to go back home.
“It was like a switch flipped in my body,” she said.
Her long COVID symptoms over the next two years left her largely bedbound and, at times, suicidal.
“I started to turn more of a corner after two-and-a-half years. Now I can get dressed and move around the house. I can exert myself cognitively and physically a little bit more.
“But I still deal with symptoms daily, my brain still feels infected and there’s an ongoing pathological process in my body I believe needs treatment before I can recover. I feel like I have sustained a traumatic brain injury.
“At 37 I’m living and relying on my 70-year-old father for support. If it wasn’t for him I’d be homeless.”
Dr Fearnley struggled with pins and needles in her arms and legs. Pic: Kelly Fearnley
Call for other doctors to join legal action
LCD4A is calling for other doctors and healthcare workers who worked in England and Wales and suffered similar circumstances to join its group legal action.
Hundreds have signed up, many say they have lost their jobs, and had relationships end. Several of those still employed by the NHS claim they have reached maximum sick pay or are struggling to claim benefits.
One consultant, who asked to remain anonymous, but whose income protection and life insurance were denied, said: “I was once at the peak of my career and have had to give up all my dreams and become a shell of my former self.
“There is no hope at present and at times I wish I died during COVID.”
One junior doctor said her long COVID complications mean she feels unable to ever have children – or become a consultant.
The 33-year-old described how brain fog and mobility problems cause her to burn herself on hot cups of tea, having failed to “work out how to hold them safely”.
GP members have reported losing their practices and years on from their original infection one still described going to the toilet as feeling “like climbing Mount Everest”.
Ebola expert warned London hospital about masks
Dr MacDermott is another LCD4A member who moved from her job as a clinical lecturer in paediatric infectious diseases at King’s College London to work on the COVID frontline in March 2020.
The 41-year-old was moved to Great Ormond Street Hospital and worked as a paediatric registrar.
She caught COVID at the end of March and was off work with classic symptoms for 10 days. When she returned in early April, she says she was moved to a different ward, which was largely caring for children with multi-system inflammatory syndrome – a potentially fatal response to COVID seen in children that causes inflammation of various organs.
Dr Nathalie MacDermott now uses a mobility scooter. Pic: Dr Nathalie MacDermott
Having worked on Ebola and cholera in Africa and Asia, with her background in infectious diseases, she was alarmed by the lack of PPE – and raised it with senior managers.
“I spoke to the head of infection control and said it was unacceptable. I said we should at least have FFP masks but I was told we didn’t need them.”
She claims when she told her staff to wear higher-grade PPE, people would “come to the wards and tell them off for wearing PPE they shouldn’t be wearing”.
Dr MacDermott believes that those responsible for infection control policy across NHS England are to blame for what she, Dr Fearnley, and hundreds of others have suffered as a result of long COVID.
“At the end of the day, people made decisions and those decisions had consequences, and those people are not taking responsibility for those decisions.
“When I worked on Ebola in Liberia, I told healthcare workers that I would never ask them to go into an environment wearing PPE that I wouldn’t go into wearing that PPE myself.
“The NHS sold out their staff during the pandemic. And I’m not going to stay quiet about it because we haven’t learned and we’re still doing it.
“If we had another pandemic tomorrow, we would make exactly the same mistakes again.”
COVID caused spinal cord damage
Dr MacDermott says she caught COVID again and developed severe pain in her neck, back, arms, and soles of her feet.
She continued to be off work and by September 2020 her legs had become “jerky” and her “mobility took a turn for the worse”.
Long COVID has also affected her bladder and bowels, and she now uses a mobility scooter as she is unable to walk without crutches for more than around 100m (330ft).
“The overall conclusion is that I have something called a COVID-related myelopathy, which means COVID has damaged my spine, but we don’t know exactly what that damage is and how it’s done it.”
Dr MacDermott returned to work after almost two years in March 2022. She has had COVID twice since, which she says has set back her neurological symptoms each time.
Her research funding comes to an end in six months and she has so far been unsuccessful in getting further grants. Her health means she can’t do a full-time clinical role.
“So even though I’ve finally got to the end of my training, having graduated from medical school in 2006, I now can’t be the paediatric infectious diseases consultant I wanted to be.”
Both she and Dr Fearnley say they do not feel safe returning to work in the NHS with its current infection control policy, which is still the same.
Dr Fearnley added: “Coronavirus is unequivocally airborne and warrants respiratory protection.
“Our employers have a legal duty of care. Workers have a right to be protected at work and patients have a right to be cared for in safe environments. Hospitals are failing in their duty of care.”
Legal challenge of proving negligence
Legal commentator Joshua Rozenberg says all claimants face a considerable legal challenge in proving the NHS was negligent at that time.
“They have to show that their employers, the hospitals they were working in, didn’t meet what were then-accepted standards of care.
“Presumably when people didn’t really understand COVID, didn’t know about long COVID, perhaps didn’t know what level of protection was necessary for professionals working in the health service.”
He added that the doctors need to clarify which NHS or government bodies they are going to sue.
“They’ve got to decide who was actually responsible and whether they were negligent or not.”
Sara Stranger, director and head of clinical negligence and serious injury claims at Bond Turner, said: “As the nation stood at their doors clapping, our frontline NHS workers risked their lives while caring for patients, without proper protection.
“Thousands contracted the virus themselves, and many have since developed long COVID.
“We are committed to seeking justice for those who were exposed to an unnecessary risk of infection while working on the front line.”
A Department of Health and Social Care spokesperson told Sky News: “Throughout the pandemic the government acted to save lives and livelihoods, prevent the NHS being overwhelmed and deliver a world-leading vaccine rollout which protected millions of lives across the nation.
“We have always said there are lessons to be learnt from the pandemic and we are committed to learning from the COVID-19 inquiry’s findings, which will play a key role in informing the government’s planning and preparations for the future. We will consider all recommendations made to the department in full.”
Sky News has contacted NHS England and the UK Health Security Agency for further comment.
Prosecutions of sub postmasters by the Department for Work and Pensions could be “tainted” as Sky News reveals officials worked with now discredited Post Office investigators to secure convictions.
Around 100 prosecutions of Post Office staff were led by the Department for Work and Pensions (DWP) between 2001 and 2006.
It is understood that these usually involved the cashing in of stolen order books.
The Post Office itself wrongly prosecuted hundreds of sub-postmasters between 1999 and 2015 – based on evidence from the faulty Horizon accounting system.
The role of government
A Sky News investigation, however, has discovered that information was shared between Post Office investigation teams and the DWP.
Chair of the Justice Select Committee, Sir Robert Neill KC, said as a result DWP convictions “need to be looked at”.
“I hadn’t been aware of that, for example, there may have been material in the DWP case as a result of joint investigations – which suggests a disclosure failure,” he added.
“I think that’s the area they need to look at if we are saying their approach was tainted from the beginning – in the way the investigators adopted things – then joint operations I suspect would be just as tainted arguably as something where it has been the Post Office on its own.”
What was known?
A 2003 DWP report into fraud describes “joint working” and the “sharing of information” with the Post Office.
It also outlines a “Fraud Prevention Board” established by the DWP and Royal Mail Group plc which includes “the exchange of information that directly assists fraud prevention and investigations”.
In addition, separately, a 2003 letter seen by Sky News also indicates a connection between DWP and Post Office investigations.
The letter, from the then post affairs minister Stephen Timms, references the case of Roger Allen, a sub-postmaster from Norwich.
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It states: “Subsequent investigations by the police, the Post Office Investigation Department and the Department for Work and Pensions (DWP) led to a prosecution by DWP…”
Roger Allen was convicted in 2004 of stealing pension payments and was sentenced to six months in prison. He died in March of this year.
Mr Allen had pleaded guilty to spare his wife – after his lawyer told him in a letter that there had been “an indication from the Crown that they may discontinue the proceedings against Mrs Allen were you minded to plead guilty”.
Despite the Criminal Cases Review Commission deciding Mr Allen had grounds to appeal against his conviction – it was upheld by the Court of Appeal in 2021.
DWP prosecutions are not covered in upcoming government legislation that will overturn Post Office convictions.
Roger Allen. Pic: Keren Simpson
Fighting to clear names
Keren Simpson, Roger’s daughter, has vowed to fight to clear his name posthumously.
She describes her father as a “proud” and “honest” man who “couldn’t face or deal” with the fact his conviction would not be overturned.
She says “in the end he obviously gave up” and there is “very little surviving evidence” because of the passage of time.
“He’s the innocent one,” Keren states. “I don’t see why he’s got to try and prove it. They have got to try and prove it, and show what evidence they actually had on my dad.
“Because the Department of Work and Pensions have put a statement out saying there was surveillance and witness testimonies and physical evidence to show it.
“Show me it.”
Roger Allen. Pic: Keren Simpson
Investigation failures?
Sky News has also seen documents that suggest failures by DWP investigators in a different case in the 2000s.
It involved a sub-postmaster who decided to plead not guilty and was acquitted of stealing by a jury.
In one extract it says a “senior investigating officer” was “willing to admit in open court that (they) had been neglectful in (their) duty in securing evidence”.
Another document appears to show a failure to review transaction logs used as evidence against the sub-postmaster.
Some logs appear to show that the accused did not cash the “dockets”, used to collect pension payments.
Other transaction logs indicate the sub-postmaster was not present at a particular branch when the theft was alleged to have occurred.
Christopher Head
Chris Head, former sub-postmaster and a campaigner for others, has also seen the documents and says they point to a “deeply flawed” DWP investigation.
“…they failed to obtain all transaction logs for the entirety of this case, but the ones that they have, they have they clearly haven’t looked at.”
He believes there are “more cases out there” which could be “part of a miscarriage of justice”.
A Department for Work and Pensions spokesperson said: “We do not recognise these claims.
“DWP investigates offences against the welfare system to protect taxpayers’ money, and between 2001 and 2006 a small number of Post Office staff were convicted for welfare-related fraud.
“These cases involved complex investigations and were backed by evidence including filmed surveillance, stolen benefit books and witness statements – they did not rely on Horizon evidence, and this has been accepted by the Court of Appeal.”
The Post Office says it “continues to help other prosecuting authorities to ensure that they have every assistance in taking their work forward”.
“This includes sharing all the information we have in relation to prosecutions which have been brought by other prosecutors.”
Meanwhile, Lord Sikka has tabled an amendment in the House of Lords to the Post Office (Horizon System) Offences Bill to include all DWP convictions.
An outbreak of a waterborne disease in Devon has prompted urgent warnings for residents to boil their tap water.
At least 22 cases of cryptosporidiosis disease have been confirmed in and around the town of Brixham in South West England.
But what is the parasite that is making people sick, what are the symptoms of being infected with it and how serious can it be?
What is cryptosporidiosis disease?
Cryptosporidiosis is the disease caused by the parasite cryptosporidium.
Often shortened to crypto, infections can be caused by drinking contaminated water or swallowing contaminated water in swimming pools or streams.
It can also be acquired through contact with the faeces of infected animals or humans.
What are the symptoms?
The symptoms of cryptosporidiosis include:
• profuse watery diarrhoea
• stomach pains
• nausea or vomiting
• low-grade fever
• loss of appetite
How long does it last?
Most people develop symptoms within one to 12 days of picking up the parasite.
Symptoms usually last for about two weeks, but can last up to six weeks or longer when the immune system is not working properly.
During the illness, you might think you are getting better but the illness returns a couple of days later before you fully recover.
How serious is it?
Most people recover, but in people with severely weakened immune systems it can cause severe disease and can be fatal.
Serious cases and death used to be more common, according to Paul Hunter, professor in medicine at the University of East Anglia (UEA).
This is because before effective antiretroviral treatments were introduced for HIV/AIDS, people living with these illnesses would not recover if they picked up cryptosporidiosis.
Who is most at risk of serious illness?
People with weak immune systems are at greater risk of serious illness. This includes:
• people on some immunosuppressive drugs, for example cancer or transplant patients
• people with untreated HIV/AIDS
• malnourished children
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Residents ‘worried’ over water parasite
Does it need treatment?
There is no specific treatment for cryptosporidiosis.
It important to drink plenty of fluids as diarrhoea or vomiting can lead to dehydration, according to advice from the UK Health Security Agency (UKHSA).
You might also want to talk to a pharmacist about oral rehydration sachets to help replace the sugar, salts and minerals the body has lost.
Dr Lincoln Sargeant, Torbay’s Director of Public Health, said anyone with “severe symptoms like bloody diarrhoea” should contact NHS 111 or their GP.
Severe cases may require hospital treatment.
How do you know if you have crypto?
The symptoms of crypto are similar to other stomach bugs, so the only way to know for sure if you have it is for your doctor to send a sample of your faeces to be tested in a laboratory.
Read more:
Water disease outbreak may last a week, expert says
Sickness outbreak forces farm to cancel animal cuddling
Keep up with all the latest news from the UK and around the world by following Sky News
How can you stop the illness spreading?
If you are ill, stay away from nursery, school or work while you have symptoms, and for at least 48 hours after they stop.
You should also avoid swimming for two weeks after being unwell.
You should not prepare food for anyone else until 48 hours after diarrhoea has stopped.
Make sure you’re using good handwashing practices too, washing your hands thoroughly when handling food and after using the toilet.
The UKHSA also advises washing bedding and towels on the hottest possible cycle.
UK
Lucy Letby: Families of victims want inquiry live streamed to stop ‘grossly offensive’ conspiracy theories
The inquiry into how nurse Lucy Letby was able to murder babies at a hospital in Chester will begin to hear evidence in September.
Lawyers for the families of Letby’s victims told a preliminary hearing that the inquiry should be live streamed to the public to prevent the spread of “grossly offensive” conspiracy theories.
Letby was sentenced to 14 whole-life orders after she was convicted of murdering seven babies and attempting to murder six others while working on the neo-natal unit at the Countess of Chester Hospital in 2015 and 2016.
At the preliminary hearing, inquiry chair Lady Justice Thirlwall heard submissions on whether the hearings should be publicly broadcast.
Peter Skelton KC, on behalf of the families of six babies, said Letby’s crimes continued to be the subject of conspiracy theories online.
“One of the most effective antidotes to those theories and the damage they cause will be to see and to hear the people involved in the hospital give a true and comprehensive account of the facts,” he said.
But Andrew Kennedy KC, representing the Countess of Chester, said there was a “high level of anxiety” from staff at the prospect of giving evidence which was live streamed.
He said: “If a witness is concerned about live-streaming then if we can remove that concern we can, we would suggest, encourage candour, frankness and openness.”
Letby was given multiple whole-life terms and will be re-tried on one charge next month
Richard Baker KC, representing some of the other families, said: “Their desire in this case is for change and so that others do not experience what they have experienced.”
They were “saddened” and “concerned” at the suggestion the lack of transparency might continue, he said.
Lady Justice Thirlwall will give her decision on whether the hearings will be broadcast at a later date.
She had begun the proceedings with a pause for reflection on the “lives lost”, “injuries sustained” and “suffering” of the families.
Read more from Sky News:
Boy dies after falling from apartment block in east London
Top midwife slams progress two years after key report
The hearing was told 188 requests for information had been made to individuals including midwives, nurses, doctors, managers and members of the hospital board.
The inquiry hearings are scheduled to begin on 10 September at Liverpool Town Hall.
Keep up with all the latest news from the UK and around the world by following Sky News
The parents of the babies will be among the first to give evidence.
Counsel to the inquiry Rachel Langdale KC told the hearing: “There are no sides. It is a search for the truth.”
Last month Letby asked the Court of Appeal for permission to mount a full legal challenge to her conviction. Judges are due to rule on this at a later date.
The former nurse is due to face a re-trial next month on one charge of the attempted murder of a baby in February 2016.
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